Appellate Division: Second Judicial Department

M195774

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06519 In the Matter of Steven Jay Stanwyck, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Steven Jay Stanwyck, respondent. (Attorney Registration No. 2497667)

DECISION & ORDER ON MOTION

Application by the respondent for reinstatement pursuant to 22 NYCRR 691.13(e)(1). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 26, 1972. The Grievance Committee for the Ninth Judicial District served the respondent with a notice pursuant to 22 NYCRR 691.3 to impose discipline on him based upon his disbarment by order of the Supreme Court of California, dated January 12, 2012. By decision and order on motion of this Court dated January 6, 2014, inter alia, this Court directed a hearing upon the respondent's demand pursuant to 22 NYCRR 691.3(d), and the Honorable Jerome Becker was appointed as Special Referee, to hear and report. Subsequently, the Special Referee filed a report dated August 8, 2014, the Grievance Committee filed a motion, inter alia, to confirm the Special Referee's report, and the respondent made an application pursuant to 22 NYCRR 691.13(c)(1) to hold in abeyance the disciplinary proceeding, including the motion, inter alia, to confirm the Special Referee's report, on the ground that he was unable to adequately defend himself because of an addiction to prescription drugs.

By decision and order on motion of this Court dated January 5, 2015, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.13(c), and he was directed to be expeditiously examined by a qualified medical expert to be arranged for by Chief Counsel to the Grievance Committee within 30 days after the date of the order. The disciplinary proceeding against the respondent, including the motion, inter alia, to confirm the Special Referee's report, was held in abeyance until further order of this Court. The respondent filed an affidavit of compliance with this Court dated January 14, 2015.

To date, the respondent has not been examined by a qualified medical expert as directed by this Court. Instead, the respondent filed an application for reinstatement pursuant to 22 NYCRR 691.13(e)(1), supported by a letter from a psychologist.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is,

ORDERED that the application is denied; and it is further,

ORDERED that the disciplinary proceeding against the respondent, Steven Jay Stanwyck, including the motion, inter alia, to confirm the Special Referee's report, shall continue to be held in abeyance until further order of this Court; and it is further,

ORDERED that the respondent, Steven Jay Stanwyck, is directed to be expeditiously examined by a qualified medical expert to be arranged for by Chief Counsel to the Grievance Committee for the Ninth Judicial District within 30 days after the date of this decision and order on motion to determine whether he is incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court